New Jersey Law Against Discrimination Publishes Guidance
On May 14, 2024 the New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) published guidance on Discrimination and Out-of-State Remote Workers. This guidance , which is not legally binding, aims to clarify the DCR’s position on how the New Jersey Law Against Discrimination (LAD) applies to all workers who are employed by New Jersey-based companies, including remote workers. The LAD prohibits New Jersey employers from discriminating based on actual or perceived sexual orientation, gender, gender identity, gender expression, age, race, color, national origin, ancestry, religion, disability, and other protected characteristics. While the general protections and prohibitions under the LAD have long existed, the COVID-19 pandemic and related rise in hybrid and remote working arrangements raised questions as to how the LAD applies to remote workers. Most notably, the guidance highlights that the definitions of a covered “person” under the LAD...